Terms and Conditions

These terms and conditions apply to any user’s (“you” or “your”) online access to and use of our decision profile product (“Decision Profile ”) and purchase of an individual report (“Report”) as well as, where selected, telephone feedback to be supplied by Thompson Dunn Ltd (registered in England under the number 03520507) of 5 Church Walk, London N6 6QY ("we" or “us”) via the Decision Profile web site (the “Web Site”).

Acceptance of your order
1. These terms and conditions apply to your request to access the Decision Profile and purchase a Report and, if selected by you, telephone feedback. Please read these terms and conditions carefully before you click “Buy Now” to ensure that you are happy with them.
2. These terms and conditions are binding once we have sent you an e-mail receipt accepting your order.
Delivery
1. Your access to and use of the Decision Profile will begin once we have accepted your order in accordance with clause 1.2. Your report will be delivered via e-mail to the e-mail address you have provided to us within a reasonable time of your completion of all of the questions in the Decision Profile. If you do not complete the Decision Profile following your initial access, you will have a period of 30 days in order to do so, after which time you will no longer be able to access the Decision Profile.
2. You consent to your access to the Decision Profile and delivery beginning straightaway as described in clause 2.1. In giving this consent, you acknowledge that you lose any right to cancel this contract and receive a refund under applicable consumer regulation and legislation.
3. Where you have selected telephone feedback, we will provide this as described in the “Products and Services” page of our Web Site.
Charges and payment
1. Our charges for use of the Decision Profile and the supply of a Report and any telephone feedback are set out on the “Products and Services” page. You must pay the applicable charges before you access and use the Decision Profile and receive the Report and any telephone feedback.
2. Payment must be made via PayPal. Please note your account with PayPal will be subject to PayPal’s terms and conditions and privacy policy.
3. You will be charged for your use of the Decision Profile and the Report and, where applicable, telephone feedback as soon as you click the “Buy Now” link on our registration page.
Intellectual Property Rights and Permission
1. We are the owner or the licensee of all intellectual property rights in and relating to:
  - our Web Site; and
  - the Decision Profile; and
  - the Report; and
  - the material (including all logos, text and graphics) published on the Web Site; and
  - the software used to operate our Web Site
  These works are protected by copyright and other intellectual property rights around the world. All such rights are reserved.
2. You must not use the Decision Profile, the Report or any part of the materials on our Web Site for commercial purposes without obtaining written permission to do so from us.
3. In relation to the Decision Profile and the Report, your permission is an individual permission and is personal to you. Subject to payment of the charges in accordance with clause 3 and to these terms, we grant to you non-exclusive permission to:
  - access and use the Decision Profile for the purpose of generating the Report; and
  - copy and use the Report;
  solely for your personal purposes and in accordance with these terms and conditions.
4. Only you are allowed to use the Decision Profile and the Report. You must not:
  - allow anyone else to use the Decision Profile and/or the Report;
  - use the Decision Profile and/or the Report for or on behalf of anyone else’s business (which includes operating any form of facility on behalf of anyone else);
  - copy or adapt the Decision Profile and/or the Report except as allowed by these terms and then only in order for you to use them in accordance with these terms; or
  - reverse-engineer or decompile the Decision Profile except to the extent that you are allowed to do so under English law in circumstances under which English law does not allow us to stop you doing so.
5. It is your responsibility to ensure that the computer equipment and software you use (including operating software and browser) to access our Web Site and the Decision Profile is appropriate.
Problems and defects
1. In the unlikely event that there is any problem or defect with the Decision Profile or the Report:
  - please contact us and tell us as soon as reasonably possible;
  - please give us a reasonable opportunity to repair or fix any problem or defect; and
  - we will use every reasonable effort to repair or fix the defect as soon as reasonably practicable.
  You will not have to pay for us to repair or fix a genuine problem or defect with the Decision Profile or the Report.
2. If you are a consumer, you have legal rights in relation to the supply defective goods and services. Nothing in these terms will affect these legal rights.
DISCLAIMER AND LIABILITY
THIS IS AN IMPORTANT CLAUSE. ITS EFFECT IS TO LIMIT OUR LIABILITY UNDER THESE TERMS. YOU SHOULD READ IT CAREFULLY AND MAKE SURE YOU ARE HAPPY WITH IT BEFORE AGREEING TO THESE TERMS.
1. Nothing in these terms shall limit our liability for:
  - fraud; or
  - death or personal injury caused by our negligence; or
  - breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
  - if you are a consumer, breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); or
  - defective products under the Consumer Protection Act 1987; or
  - in relation to any other liability which cannot be excluded or limited by law.
2. In relation to the Decision Profile, we warrant that it will operate substantially in accordance with its published specification and without any material defect during all hours when the Web Site and the Decision Profile is operational. Subject to the foregoing, the Web Site and the Decision Profile is provided on an “as is” and “as available” basis and we offer no warranty or representation of any kind relating to our Web Site, the Decision Profile, any feedback, content or otherwise.
3. Subject to clause 6.1 and other than as stated in this clause 6, all implied terms, conditions or warranties are hereby excluded to the fullest extent permitted by law.
4. Whilst we make every effort to ensure the availability and accuracy of our Web Site and any content, we do not warrant the availability of our Web Site or the Decision Profile will be uninterrupted or that the Web Site, the Decision Profile or the Report and any feedback will be error or omission free.
5. We do not accept any responsibility for any use made of the Web Site or any of its content including the Decision Profile, the Report or any feedback and we shall not be liable:
  - in any circumstances for any loss of profits, loss or revenue, loss of or damage to goodwill, loss of customers, loss in connection with third party claims, or any indirect, special or consequential loss (even if the party concerned has advised of the possibility of such loss;
  - for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control; and/or
  - for any other loss suffered in connection with the use of the Decision Profile or the Report or any content to the fullest extent that we may exclude or limit such liability under applicable law.
6. Subject to clauses 6.1 to 6.5 our total aggregate liability arising from any claim relating to the use or operation of our Web Site, including the Decision Profile and the supply of any Report and/or any feedback, shall not exceed an amount equal to the total amounts paid or payable by you for your participation in the Web Site and/or use of the Decision Profile (if any), such amount to be calculated at the time when our liability comes to be assessed or to £100.00 (whichever shall be the greater).
Your personal information
1. We will use the personal information you provide to us to:
  - provide access to the Decision Profile, provide the Report and, where selected by you, provide the telephone feedback;
  - process your payment; and
  - inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
  Please see our privacy policy for further details of how we process your personal details and how we use cookies on the Web Site.
Term and termination
1. You are entitled to access and use the Decision Profile until (i) you have completed all of the questions and your Report has been dispatched by e-mail; or (ii) for a period of 30 days (whichever shall be the shorter).
2. We are entitled to cancel your registration and/or terminate your permission to use the Decision Profile at any time:
  - in accordance with these terms and conditions; and
  - immediately following any breach by you of these terms; and
  - on written notice to you.
3. On termination of your registration and/or permission you must immediately cease to access and use the Decision Profile. In the event of termination by us under clause 8.2 (iii) prior to the delivery of the Report, we will within a reasonable time refund any charges paid by you in advance on a pro rata basis.
General terms
1. If we fail, at any time, to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. You may not sub-contract or assign your rights under these terms. We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.
3. We will not be liable to you for any breach of these terms that arises because of any circumstances which we cannot reasonably be expected to control.
4. These terms set out all of the terms that have been agreed between you and us in relation to the subjects covered by it. Subject to clause 6.1, no other representations or terms shall apply or form part of these terms.
5. Where these terms refer to any person, this includes reference to legal as well as natural persons (so, for example, a limited company is a person for the purposes of these terms).
6. This contract is between you as the user and Thompson Dunn Ltd. No other person shall have any rights to enforce any of its terms.
Law
1. These terms are governed by English law. You agree to submit to the exclusive jurisdiction of the English courts provided that nothing in this clause will prevent us from taking any action in any court that has jurisdiction over you.